(A) (1) If facts exist for denial, suspension, or revocation of a permit under this chapter, the Town Council or its designee shall notify the applicant or permittee (respondent) in writing of the intent to deny, suspend, or revoke the permit, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the town. Within five working days of receipt of such notice, the respondent may provide to the Town Council or its designee, in writing, a response that shall include a statement of reasons why the permit or permit should not be denied, suspended, or revoked. Within three days of the receipt of respondent’s written response, the Town Council shall notify respondent in writing of the hearing date on respondent’s denial, suspension, or revocation proceeding.
(2) Within ten working days of the receipt of respondent’s written response, the Town Council shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. The Town Council shall issue a written opinion and decision within five days of the hearing. If a response is not received by the Town Council in the time provided or, if after a hearing, the Town Council finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five days after the Town Council sends, by certified mail, written notice that the permit has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or permittee of the right to appeal such decision to a court of competent jurisdiction.
(3) If the Town Council finds that no grounds exist for denial, suspension, or revocation of a permit, then within five days after the hearing, the Town Council shall withdraw the intent to deny, suspend, or revoke the permit, and shall so notify the respondent in writing by certified mail of such action and, in the case of an application for a permit, shall contemporaneously issue the permit.
(B) When a decision to deny, suspend, or revoke a permit becomes final, the applicant or permittee (aggrieved party) whose application for a permit has been denied, or whose permit has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction. The following shall apply to businesses that have previously obtained a license under this chapter. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the town’s enforcement of the denial, suspension, or revocation, the town shall immediately issue the aggrieved party a provisional permit. The provisional permit shall allow the aggrieved party to continue operation of the sexually oriented business, and will expire upon the court’s entry of a judgment on the aggrieved party’s action to appeal, challenge, restrain, or otherwise enjoin the town’s enforcement.
(2011 Code, § 112.16) (Ord. 2005-04, passed 10-3-2005)